August 01, 2008

Interesting Forum Selection Clause Case

The Fifth Circuit recently upheld a forum selection clause in a retainer agreement, holding that the court should have granted the law firm's motion to dismiss the suit because it had not been filed in the forum designated by the parties' retainer agreement. Ginter v. Belcher, Prendergast & Laporte, __ F.3d __ (5th Cir. July 18 2008). The panel-majority held that the retainer was not a "business transaction" while the dissent found overreaching in the context of an attorney client relationship. There's no much law on these, and the fact that you have a dissent means we may have more coming....

Comments

Interesting Forum Selection Clause Case

The Fifth Circuit recently upheld a forum selection clause in a retainer agreement, holding that the court should have granted the law firm's motion to dismiss the suit because it had not been filed in the forum designated by the parties' retainer agreement. Ginter v. Belcher, Prendergast & Laporte, __ F.3d __ (5th Cir. July 18 2008). The panel-majority held that the retainer was not a "business transaction" while the dissent found overreaching in the context of an attorney client relationship. There's no much law on these, and the fact that you have a dissent means we may have more coming....